E.4 Attendance & Leave

E.4.1 Attendance and Work Schedules.

E.4.1.1 Work Hours.

(Arkansas State Personnel Policy)

Most offices and departments, with the exception of those open later hours and weekends to serve students, are open for business from 8 a.m. to 5 p.m. Monday through Friday. Department administrators may establish other working hours as long as all full-time employees work a 40-hour work week. The normal work schedule for most staff is 8 a.m. to 5 p.m. Monday through Friday with a one-hour unpaid meal period. There are exceptions in which individuals or entire departments work a different schedule. Supervisors have the authority to approve occasional, non-routine deviations in work schedules. Regular work schedules that deviate from policy must be approved by the vice chancellor for finance and administration.

Faculty hours vary by assignment. Such variations include, but are not limited to, teaching evening classes, evening office hours, service with student organizations, etc.

Staff are expected to arrive at the job site within a reasonable time before the start of their work schedule and to leave the job site shortly after completion of their work schedule. Punctuality and regular attendance during scheduled work periods are requirements for continued employment with the university for all employees.

E.4.1.1.1 Flex Time.

Due to the nature of some jobs, because of after-hour, weekend, or on-call events, some employees may frequently be required to work a schedule that differs from their regular daily schedule. This is done at the direction of the supervisor to meet the needs of the university. The schedule may occasionally result in overtime work (comp time) but must not create a pattern of overtime work. When there are no work related assignments causing flex time work, the employee must maintain the work hours required of their assigned work unit.

E.4.1.2 Attendance and Punctuality.

Employees are expected to adhere to the following procedure if they are going to be absent or late:

• If an employee is going to be absent from work for any reason, the employee is responsible for notifying their department or supervisor within the first hour of their regularly-scheduled time for reporting to work. Earlier notification may be required when an employee holds a position that requires someone’s presence in the employee’s absence, i.e., the employee is responsible for meeting a class, opening or “attending” a department or public workstation (switchboard, cashier, receptionist, etc.).
• Given the diversity of operating functions on campus, each department has the option of requiring earlier notification, of requiring personal notification by the employee, and/or of requiring that a specific person or persons be notified.
• If ill, unless released from work for a specific period of time as verified by a doctor’s statement, employees must call work each day to advise their supervisor that they will not be at work.

An employee is required to furnish documentation from an attending physician for five or more consecutive days of sick leave; however, an employee may be required to furnish documentation from an attending physician for any use of sick leave. After an extended absence of more than five days, an employee may be required to furnish a Return to Work Form (Available upon request from Human Resources) from an attending physician.

Habitual lateness will not be tolerated by the university.

If an employee does not notify their department that they will be absent or late, their absence will be considered unauthorized. Failure to report to work when scheduled may result in disciplinary action, up to and including termination.

E.4.1.2.1 Job Abandonment.

It is mandatory that employees notify their supervisor when they do not report to work. If an employee is absent for two working days without calling in or making other specific arrangements, it will be assumed that the employee does not intend to return to work and they will be considered as having voluntarily quit. Any unexcused absence from work, regardless of duration, may lead to disciplinary action, up to and including termination of employment.

E.4.1 Updated January 2021

E.4.2 University Holidays.

(UASP 435.1, ACA§§ 1-5-101 through 104, Arkansas State Personnel Policy)

There are 11 paid holidays.The schedule includes the following holidays:

Independence Day

Labor Day

Thanksgiving Day

Christmas Eve

Christmas Day

Veterans Day (observed in December)

Employee’s Birthday (observed in December)

New Year’s Day

Martin Luther King Day

Friday of Spring Break (in lieu of Presidents’ Day/Daisy Gatson Bates Day)

Memorial Day

In order to give employees time to spend with their families through the holiday season, campus is closed from Christmas Eve through New Year’s Day. Veterans Day and the employee’s birthday are observed during this period of time. Employees will be charged annual leave (or leave without pay) for any days during that period not covered by holidays. Campus may be closed prior to Christmas Eve or after New Year’s Day when being open on those days would result in a one-day workweek. In that case employees will be charged annual leave.

Campus is closed on the Friday following Thanksgiving. This is tentatively scheduled as a holiday, subject to the governor’s proclamation declaring that day a state holiday. In the absence of such a declaration, employees will be charged annual leave (or leave without pay). 

When an employee is required to work a scheduled holiday the hours worked will be banked and will accrue in a category called “University Holiday” and that category will be charged when the leave is used. These hours will appear on an employee’s leave report. If a campus holiday schedule defers use of a traditional holiday such as Presidents’ Day or employees’ birthdays for other use (i.e. Friday of Spring Break, Fall Break and/or Winter Break), those deferred holidays will likewise accrue in the category called “University Holiday” or in the category called “Employee Birthday” and will appear on an employee’s leave report. Employees must not use holidays deferred under a campus holiday schedule in advance of its intended purpose. If an employee ends employment before using banked or deferred University Holiday leave or deferred Employee Birthday leave, the employee will be paid for the unused leave. Unused banked holidays will be included in the cumulative annual leave that can be carried forward at the end of the year.

When a holiday (except December 25) occurs on a Saturday, the preceding Friday is observed; when December 25 occurs on a Saturday, the following Monday is observed. When a holiday (except December 24) occurs on a Sunday, the following Monday is observed; when December 24 occurs on a Sunday, the preceding Friday is observed. For exact dates check the Holiday Schedule or contact Human Resources. 

Full-time employees receive full pay (eight (8) hours) for the holidays listed above, provided they are in a paid status on the last regular workday preceding and the first regular workday following the holiday. Eligible employees with less than 100 percent appointments receive holiday pay proportionate to their appointment. Faculty and staff with less than 12-month appointments receive holiday pay for any holidays that occur during their term of appointment. Except for holidays, faculty and staff are expected to be on duty throughout the period of their appointment, consistent with their individual workload assignments, unless they are on leave consistent with university policy. 

Regular part-time employees scheduled to work 20 hours or more per week are eligible for holiday pay at a rate of four (4) hours per holiday. To be eligible the employee must work the scheduled day before and the scheduled day following a university holiday.

In instances where a religious holiday occurs outside of the published holiday schedule for the university, supervisors shall make efforts to accommodate an employee’s request to be away from work for religious holiday observances. However, nothing shall obligate the university to make accommodation if, in accommodating the request, it would result in undue hardship on the university.

Supervisors shall consider the following factors in accommodating religious holidays:

• Whether the accommodation creates greater risks to health or safety,
• Whether expenses to the University will increase by accommodating the request,
• Whether meaningful work can be provided under the circumstances in which the employee will be working, and
• Whether supervision can be provided if deemed necessary.

Religious holidays shall be accommodated by:

• Adjusting the work schedule of the employee to the extent that it does not significantly impact the rights of other employees, or
• Allowing the employee to exchange another holiday for the religious holiday. The unscheduled religious holiday and the substitute holiday shall occur in the same calendar year.

If the religious holiday cannot be accommodated by the above, the employee shall use vacation leave, or, if necessary and appropriate, unpaid leave. Authorization by the employee’s supervisor must be granted in advance via the appropriate leave request procedures. 

E.4.2 Updated January 2022

E.4.3 Annual Leave.

(Board Policy 420.1, 420.2; Arkansas State Personnel Policy)

E.4.3.1 Annual Leave Accrual.

General Rule. Except as provided in Board Policy 420.1, eligible employees will receive monthly annual leave accruals as follows:

• Eligible, exempt employees hired or moved into their position before January 1, 2025, shall accrue annual leave at the current rate of 15 hours per month.
• Eligible, non-exempt employees on January 1, 2025, shall be credited with their eligible time of service and thereafter accrue annual leave as provided in the Accrual Schedule found below.
• Eligible employees hired or moved into an eligible position on or after January 1, 2025, will accrue annual leave as provided in the Accrual Schedule found below.

For all eligible employees, annual leave is accrued at the end of each month and is cumulative.

Accrual Schedule for Each Year of Eligible Employment

E.4.3.2 Eligibility.

Employees with less than 12-month appointments do not accrue annual leave. Annual leave is granted to all eliglible non-student employees on 12-month appointments of one-half time or more, with part-time employees earning leave proportionate to time worked.

E.4.3.3 Usage Guidelines.

All annual leave is cumulative; however, no more than 30 days of annual leave may be carried over to the next calendar year. Days in excess of 30 will be lost as of Dec. 31 of each year, however, accrued annual leave totals may exceed 30 days (240 hours) during the calendar year. Annual leave must be earned before it can be used. According to state guidelines, leave accrued during a calendar month is not considered to be earned until the last working day of the month; therefore, accruals are credited at the close of business on the last working day. Employees may not borrow from anticipated future accruals. Paychecks will be docked for time used in excess of time accrued.

Employees continue to earn annual leave at their normal accrual rate when they are on leave with pay. Annual leave may not be accumulated while an employee is on leave without pay or on catastrophic leave.

Employees may request annual leave at any time. Requests must be made in advance, following the procedures established by their department and must be approved by the supervisor in advance. If an employee fails to make a proper application for annual leave, such absences will result in docked pay. Supervisors may require that annual leave be taken at times when it will be most convenient for, and least disruptive to, the department. In some cases, employees may be required to use annual leave on specific dates, i.e., if the department or university is closed for business. 

E.4.3.4 Payment of Accrued Leave Compensation at Separation of Employment.

Upon termination of employment in which a person ceases to be an active employee of the University, the amount due to the employee or the employee’s estate from accrued annual leave and holiday leave, shall be included in the final pay to the employee or distributed to the employee’s estate upon verification as follows:

1. Newly benefits eligible employees on and after January 1, 2025, shall receive terminal annual and holiday leave pay according to the payment structure set out below.
2. Existing benefits eligible employees as of December 31, 2024, shall continue in the current terminal annual and holiday leave payment structure through December 31, 2029, after which they will be paid according to the payment structure set out below.

Payment of eligible accrued annual and holiday leave combined shall not exceed 30 working days and is subject to the maximum payment amounts set out below.

The maximum payment amounts may be adjusted each January 1st as approved by the President. The maximum payment amounts shall be published on the University of Arkansas System’s benefit page and made available through the campus Human Resources offices.

No employee receiving such accrued leave compensation shall return to University employment until the number of days for which the employee received such compensation has expired.

E.4.3.5 Other State Service.

Employees may be able to transfer leave balances to and from one Arkansas state agency or state supported institution of higher education, subject to state guidelines. Employees who have worked for another agency or institution may be given credit for eligible full-time service.

E.4.3 Updated July 2024

E.4.4 Compensatory Time Leave.

(ACA § 19-4-1612; Arkansas State Personnel Policy)

Non-exempt staff who work overtime may be eligible to take paid time off using compensatory time. (Refer to E.3.10 Compensatory Time and Overtime for Non- Exempt Staff for more information.) Employees may request to use earned compensatory leave following the procedures established by their department. Compensatory time must be earned before it can be used. 

Employees may request comp leave at any time. Requests must be made in advance, following the procedures established by their department and must be approved by the employee’s supervisor in advance. If an employee fails to make proper application for comp time leave, such absences will result in docked pay. Supervisors may require that comp leave be taken at times when it will be most convenient for, and least disruptive to, the department. In some cases, employees may be required to use comp time leave on specific dates, i.e., if the department is closed for business. Comp time leave must be utilized before annual leave.

If an employee ends their employment with the university for any reason, including termination, retirement, or resignation, their final pay will include a lump sum payment for any accrued, unused comp time leave. Comp time leave is not transferable from one state agency or institution to another. Upon death of an active employee, the amount of unused comp time leave will be paid to the employee’s estate or authorized beneficiary up to the maximum allowed.

E.4.4 Updated June 2023

E.4.5 Sick Leave.

(Board Policy 420.3; Arkansas State Personnel Policy; ACA § 21-4-501 through 504, §19-4-1607(b) (2), and § 19-4-1613(a))

E.4.5.1 Definition.

Sick leave is a benefit available to university employees who are employed half-time or greater and on at least a nine-month appointment period. Paid sick leave is not granted as vacation leave and can only be used when (1) the employee is unable to perform the employee’s regular duties because of sickness or injury; or (2) for treatment by or consultation with a licensed healthcare provider. Sick leave may also be granted to employees due to the death (formerly bereavement leave) or serious illness of a member of the employee’s immediate family. Immediate family shall mean the employee’s parent, sibling, spouse, child (including an adoptive child), grandparent, grandchild, in-law, or any individual acting as a parent or guardian of the employee. Serious illness for the purpose of this policy includes pregnancy- and maternity-related health conditions.

E.4.5.2 Accruing Sick Leave.

All eligible full-time (100 percent) employees accrue sick leave at the rate of one day (eight (8) hours) per month for each full month of service, up to a maximum annual carryover of 960 (120 days) hours. Eligible employees working less than full-time accrue sick leave in the same proportion to time worked. Employees do not earn sick leave for any month during which they are on leave without pay for 10 or more days within a calendar month.

E.4.5.3 Sick Leave Authorization.

Sick leave must be earned before it can be used. According to state guidelines, leave accrued during a calendar month is not considered to be earned until the last working day of the month; therefore, accruals are credited at the close of business on the last working day. Employees may not borrow from future accruals. Paychecks will be docked for time used in excess of time accrued.

Sick leave may be used for the following purposes only: when an employee is unable to work because of sickness or injury; for medical, mental health, dental, or optical treatment; to attend funerals (formerly bereavement leave); or for the death (formerly bereavement leave) or serious illness of a member of the employee’s immediate family. Immediate family is defined as father, mother, sister, brother, spouse, child, grandparents, grandchild, in-laws, or any individual acting as a parent or guardian of an employee.

The use of sick leave is contingent upon the occurrence of one of the events listed above. If the event never occurs, the employee is not entitled to sick leave benefits. Sick leave may not be used in addition to or instead of annual leave. Employees may not use sick leave at UAFS for any time period in which they are working a second job for pay, profit, or gain.

E.4.5.4 Usage Guidelines/Requests for Sick Leave.

If an employee cannot report to work because of illness or injury, it is the responsibility of the employee to ensure that their direct supervisor is notified within the first hour of the work day. Some departments may require earlier notice. Notification must be made on the first day of an illness and on each subsequent work day unless a physician’s statement has been provided, in advance, defining a range of time the employee will be absent. When returning to work after an extended absence (five (5) or more consecutive days) due to illness, injury, or surgery, employees are required to provide a completed Return to Work Form (available upon request from Human Resources) releasing them to return to work.

Requests for sick leave shall be submitted in advance, unless the circumstances make this impracticable. In that event a request for sick leave must be submitted within two days after the employee returns to work. Foreseeable sick leave requests may include those for treatment by or consultation with a licensed health care provider or for attending a funeral (formerly bereavement leave). If an employee fails to make proper application for sick leave, such absences will be charged to annual leave or leave without pay. Employees may be asked to schedule elective non-emergency procedures and/or routine appointments at times that will be least disruptive to the workload of the department. Sick leave may be used for appointments as described above in increments needed to cover the appointment and travel time. Sick leave may be used in quarter-hour increments (15 minutes).

Sick leave may be granted only for a period when the employee is in an appointed status. For the purpose of this policy, academic employees who are in a pay status (not deferred pay) during a summer term will be considered to be in appointed status. For academic employees on less than a 12-month appointment, sick leave that begins during the spring semester shall not extend into the summer session and may resume in the fall semester if the employee is otherwise eligible for sick leave and has received a benefits eligible appointment for the fall semester.

If an employee is absent from work because of an illness or injury or for any other reason that makes the employee eligible for sick leave (except maternity leave), their leave will be charged in the following order:

1. earned sick leave
2. earned compensatory time
3. earned annual leave
4. holiday time
5. leave without pay.

An employee who is absent from work due to a temporary occupational injury or illness and who is entitled to Workers’ Compensation benefits may, upon proper application, utilize their accrued sick leave as a supplement to Workers’ Compensation so as to receive weekly benefits from both sources equal to, but not in excess of, their normal weekly pay at  the time of injury or onset of illness. This option, when exercised, will reduce the employee’s accrued sick leave on a basis proportional to the sick leave being claimed. An employee receiving Workers’ Compensation benefits for a permanent disability is also eligible to utilize accrued sick leave.

An employee shall be required to furnish documentation from an attending health care provider for five or more consecutive days of sick leave and may be required to furnish documentation for purposes of the Family Medical Leave Act (FMLA) for a serious health condition that continues for three or more consecutive days. A certificate from a Christian Science practitioner listed in the Christian Science Journal may be submitted in lieu of a physician’s certificate.

Sick leave shall run concurrently with leave taken under the Family Medical Leave Act.

Supervisors may request that an employee furnish documentation from an attending physician for any use of sick leave. Supervisors may also request a statement of a prognosis for chronic illnesses or illnesses or injuries that require extended periods of recuperation. Fraudulent claims of illness or injury and other abuse of sick leave will result in disciplinary action and could result in termination of employment.

E.4.5.5 Return to Work.

When an employee is recuperating from an injury, illness, or surgery, the employee will be required to provide documentation from their physician releasing them to full duty or identifying restrictions before they are allowed to return to work. If their doctor approves their return to work, but places restrictions on what the employee can do, the University will make every effort to accommodate the restriction if an accommodation can be made within the scope of their job. Such an accommodation is not always possible and is not guaranteed. The Human Resources department and supervisors will review the restrictions to determine whether an employee can successfully carry out their job responsibilities within the limitations they impose. An employee’s physician may be contacted to obtain further information about restrictions and/or the employee may be required to get a second opinion. Return to Work forms are available upon request from Human Resources.

E.4.5 Updated June 2023

E.4.6 Leave for Organ or Bone Marrow Donation.

(ACA §21-4-215; Arkansas State Personnel Policy)

If an employee serves as a human organ donor, they may take up to 30 days additional leave with pay at the time they make the donation. If they serve as a bone marrow donor, they may take up to seven days additional leave with pay at the time of the donation. This leave will not affect other leave accrual or time credited toward career service.

E.4.6 Reorganized January 2021

E.4.7 Leave for Grant Employees.

Employees of the university working under a federal, state, or other funded grant or award are eligible for the same leave benefits as other employees, provided the terms and conditions of the funded grant or award provide for such benefits. Grant employees whose projects are ending must use all accrued annual leave prior to the ending date of the grant. The only exception to this is when there are sufficient grant funds to cover a lump sum payment for accrued leave and such payment is authorized under the terms of the grant.

E.4.7 Reorganized January 2021

E.4.8 Family Medical Leave.

(UASP 425.1 and 425.2; The Family and Medical Leave Act of 1993 - CFR 29-825; The National Defense Authorization Act for FY 2008; Arkansas State Personnel Policy)

The university recognizes the importance of achieving a healthy balance between work and family responsibilities. The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take up to 12 weeks of leave (paid and/or unpaid) to care for a newborn or newly adopted child, to recuperate from their own serious illness, or to care for a seriously ill family member. Eligible employees with a spouse, child, or parent on active duty or call to active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Also, certain family members of the Armed Forces are allowed up to 26 workweeks of leave to care for ill or recuperating family members (see Military Caregiver Leave below). More information can be found here.

E.4.8.1 Employee Eligibility.

To be eligible for FMLA leave, an employee must have been employed by the university for at least 12 months and must have worked at least 1,250 hours during the 12-month period prior to the beginning of leave. However, if an employee is on leave at the time they become eligible, any portion of the leave taken for an FMLA-qualifying reason after they meet the eligibility requirement will be designated as FMLA leave.

If an employee and their spouse are both employed by the university, they are entitled to a total of 12 weeks leave, rather than 12 weeks each, for the birth or adoption of a child or to care for a sick parent. However, each employee is entitled to 12 weeks of FMLA leave for their own serious health condition or to care for their child or spouse with a serious health condition. An employee and spouse are entitled to a combined annual total of 12 weeks of FMLA leave to care for their own parents (not parents-in-law.) In the case of Military Caregiver Leave, an employee and spouse who are both employed by the university may be limited to a combined total of 26 work weeks of leave during the single 12-month period.

E.4.8.2 Leave Entitlement.

FMLA entitles eligible employees to a total of 12 workweeks of leave during a 12-month period for any of the reasons listed below.

1. Birth, adoption, or foster care. A new parent or foster parent is entitled to FMLA leave for the birth and care of a newborn or newly adopted child, or for placement of a foster child, during the 12-month period beginning on the date of birth or placement. An employee’s entitlement to FMLA leave for this reason expires at the end of the 12-month period  beginning on the date of the birth.
2. The employee’s serious health condition, as defined by law. This includes an employee who requires inpatient treatment, has a chronic health problem, is incapacitated for more than three consecutive calendar days while receiving medical treatment, has a non-chronic health condition that could result in a period of incapacity for more than three calendar days without medical treatment, is pregnant (including prenatal appointments for both parents), or is receiving treatment for substance abuse. 
3. A serious health condition, as defined by law, of an employee’s spouse, child, or parent; and for whom the employee is needed to provide care.
4. Qualifying Exigency Leave. Employees may take FMLA leave while the employee’s spouse, child, or parent is on active duty or called to active duty status (as defined in Final FMLA Regulations 29 C.F.R.) for one or more of the following qualifying exigencies:

• short-notice deployment,
• military events and related activities,
• childcare and school activities,
• financial and legal arrangements,
• counseling,
• rest and recuperation,
• post-deployment activities,
• additional activities not encompassed in the other categories, but agreed to by the employer and employee.

5. Military Caregiver Leave. Certain relatives of members of the Armed Forces are allowed up to 26 work weeks of leave to care for an ill or recuperating spouse, son, daughter, parent, or next of kin (as defined below). The employee must be needed to care for an active member of the Armed Forces, National Guard, or Reserves who is undergoing medical treatment, recuperation, or therapy, is in outpatient status, or is otherwise on the temporary disability retirees list,\ for a serious injury or illness. The 26 weeks must be in a single 12-month period which begins the first day an employee takes leave to care for a covered service member and ends 12 months later. If the 26 weeks is not used, the balance is forfeited. This leave can be taken only once during a single 12-month period. Employees are limited to a combined total of 26 work weeks of leave for all qualifying reasons during that period, with the regular 12-week limit applying to other FMLA reasons for leave.

E.4.8.3 Designation of Family and Medical Leave.

Family and Medical Leave is leave without pay. However, the university requires employees to use all accrued paid leave (when eligible) for as much of the FMLA period as it will cover. If an employee has exhausted all paid leave, the balance of the FMLA leave is unpaid. If the reason for the leave is the birth or adoption of a child, employees may take unpaid leave.

Paid leave to handle personal and family medical needs is available to full-time employees under Sick, Annual, and Catastrophic leave policies. Comp Time Leave may be counted as part of an employee’s FMLA entitlement if the employee requests to use their comp time to receive pay for an FMLA reason.

FMLA leave runs concurrently with any paid or unpaid leave that is taken. Any leave falling under the protection of FMLA cannot be classified as an occurrence in any absence control policy or practice, nor may any disciplinary action be taken for absences covered by FMLA.

Employees may request FMLA leave by completing the Leave Request for Speciality Leave Form. However, FMLA leave does not have to be requested by the employee. The university may designate leave as FMLA when an extended absence qualifies for FMLA leave. When the university becomes aware that an employee’s leave may be for a purpose covered by FMLA, it has the responsibility to notify the employee of their eligibility to take FMLA leave within five (5) business days. The university must then make a determination about whether the leave will count as FMLA leave. After obtaining sufficient information to determine whether the requested leave is for an FMLA-qualifying event, notice of the designation will be provided to the employee within five (5) business days.

E.4.8.4 Continuous, Reduced, and Intermittent Leave.

FMLA leave may be taken on a continuous, reduced, or intermittent basis depending upon the situation. A reduced leave schedule is one which reduces an employee’s usual number of working hours per workweek or hours per workday. Intermittent leave is taken in separate blocks of time due to a single qualifying reason. The following applies to employees taking FMLA leave on an intermittent or reduced schedule basis:

1. Intermittent leave or reduced schedule leave reduces the total amount of leave only by the amount of time taken.
2. Employees may take FMLA leave for a medical condition intermittently or on a reduced schedule only when it is medically necessary. If the employee requests intermittent leave that is foreseeable because of planned medical treatment, or for other reasons, they are required to make a reasonable effort to schedule leave so that it does not unduly disrupt the employer’s operations. In the event that the need for leave is unforeseeable, the employee should provide notice as soon as possible according to the university sick leave policy (See Section 6.4.3). An employee may be temporarily transferred to an alternate position with equivalent pay and benefits (not necessarily equivalent duties) which better accommodates recurring periods of leave.
3. When an employee requests to take FMLA leave for the birth or adoption of a child or for the placement of a child with the employee for foster care, the employee may take the leave intermittently only if the employer agrees to the proposed arrangement. An employee may, with the supervisor’s approval, work part-time after the birth or placement of a child or take FMLA leave in several segments, up to the 12-week cumulative limit. (If the employee has given birth, this is subject to being released by their physician to return to work following the standard six-week maternity leave.) An employee does not need their supervisor’s prior approval for FMLA leave if they are a new mother and have a serious health condition in connection with the birth of their child or if the newborn child has a serious health condition, however, the employer must be notified.
4. An expectant mother may take FMLA leave before the birth of a child for prenatal care or if she is unable to work due to her condition. Likewise, an expectant parent may take leave prior to the child’s birth to care for his pregnant spouse who is incapacitated or to accompany her for prenatal care.
5. Employees may request intermittent FMLA leave before the actual placement or adoption of a child if an absence from work is required for the adoption or foster care placement to proceed. For example, the employee may be required to attend counseling sessions, appear in court, consult with an attorney, consult with a doctor who represents the birth parent, or submit to a physical examination.
6. Employees may use an intermittent or reduced leave schedule to care for a family member in a situation where the family member’s condition itself is intermittent, when the employee needs to share care responsibilities with another person, or when they need to make arrangements for changes in the family member’s care, such as a transfer to a nursing home.
7. Employees may take intermittent FMLA leave for their own serious health condition which requires treatment by a healthcare provider periodically, rather than for one continuous period of time.
8. Employees may take intermittent or reduced schedule FMLA leave for absences when the employee is incapacitated or unable to perform the essential functions of their job because of a chronic serious health condition, even if they do not receive treatment by a healthcare provider. If the employee must care for a family member who is incapacitated by a chronic serious health condition, they may use intermittent FMLA leave to care for them even if the family member does not receive treatment by a healthcare provider.

E.4.8.5 Certification and Notice.

An employee’s use of FMLA leave for their own serious health condition or to care for a seriously ill child, spouse, or parent must be supported by a certificate issued by a healthcare provider. The certificate must containthe following information: the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the healthcare provider regarding the condition. If the FMLA leave is to care for a family member, the certificate must contain a statement that the employee is needed to care for the family member and an estimate of the amount of time required. If the FMLA leave is for the employee’s own serious health condition, a statement that the employee is unable to perform the functions of their job must be included. (See Final FMLA Regulations (29 C.F.R.) for additional information.) The university also requires the employee to provide certification of the need for Exigency Leave or for leave to care for a covered service member with a serious injury or illness. Provider certification forms are available online at My.UAFS or from Human Resources.

If an employee submits a complete certification signed by a healthcare provider the university may not request additional information from the healthcare provider. However, Human Resources may contact the healthcare provider for clarification, to authenticate the medical certification, or to obtain information when the certification is incomplete.

If there is reason to doubt the validity of the information contained in the medical certification, the university may require a second opinion from a healthcare provider designated by the university. If that opinion differs, the opinion of a third healthcare provider, selected jointly by the employee and the university, may be solicited. The third opinion shall be final and binding. The university will be responsible for the expense of the second and third opinions.

When the necessity for FMLA leave is foreseeable, the employee must provide the university with a completed Certificate of Health Care Provider Form 30 days before their leave begins. If circumstances require that the leave begin in less than 30 days, notice should be given as soon as practicable. For foreseeable Qualifying Exigency Leave, notice must also be provided as soon as practicable.

In cases of illness, the employee will be required to report periodically on their leave status, their estimated return date, and their intention to return to work. The employee may be required to provide recertification on a reasonable basis, but not more often than every 30 days, except under the following certain circumstances:

1. the employee requests an extension of leave,
2. circumstances described by the previous certification have changed significantly, or
3. the university receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the certification.

Any medical information submitted by the employee or the medical care provider will be considered confidential.

E.4.8.6 Reinstatement of Employment and Benefits.

Upon return from FMLA leave, the employee will be reinstated to their former position or a position with equivalent benefits, pay, and other terms and conditions of employment. In the event that an employee’s position is eliminated as part of a scheduled reduction in force while the employee is on leave, the university is not obligated to reinstate the employee unless there is an open equivalent position available at the time the employee is able to return to work and for which the employee is otherwise qualified. Other than paid leave actually used during the FMLA leave period, the employee will not lose any benefits accrued prior to the commencement of the leave. The employee will not be entitled to any right, benefit, or position other than what they would have been entitled to if the employee had not taken FMLA leave.

If the employee participates in the university’s group health plan, their coverage will be maintained and the university will continue to pay its share of the premium while the employee is on FMLA leave. The employee will be responsible for paying the employee portion of their premium. The employee may choose not to retain their health care coverage during their FMLA leave. If they do so, they are entitled to have their coverage reinstated upon their return to work, without any qualifying period, physical examination, exclusion of pre-existing conditions, or other qualification that did not exist before the employee went on leave.

Whether on paid or unpaid leave, the employee is responsible for payment for their portion of the health insurance premium and any other employee benefits. When FMLA leave is paid leave, the employee may maintain regular payroll deductions for benefit coverage and the university will continue to pay the employer portion of the premiums.

If an employee’s payment for their portion of the health insurance premium is more than 30 days late, the university’s obligation to maintain their health insurance coverage ends. Employees will be given written notice that payment has not been received. This notice will be mailed at least 15 days before the employee’s coverage is to end.

The university may recover any payments made to cover the employee’s share of the premium once the employee returns to work. The university may also recover its share of the employee’s health insurance premium which it paid during unpaid FMLA leave if the employee fails to return to work for a reason other than a serious health condition or  because of circumstances beyond the employee’s control. If the university has maintained other benefits, such as life or disability insurance, in order to meet its responsibility to provide equivalent benefits upon the employee’s return from FMLA leave, it may recover the costs incurred for paying the premium, whether the employee returns to work or not.

The Family and Medical Leave Act makes it unlawful for an employer to interfere with, restrain, or deny the exercise of the rights provided by this law. It is also unlawful for an employer to discharge or discriminate against any employee who is involved in a proceeding related to the FMLA. Use of Family and Medical Leave cannot be a consideration in  decisions to hire, promote, or discipline employees. Treatment for substance abuse does not prevent an employer from taking appropriate employment action against an employee. However, the employer may not take action against an employee because the employee has exercised their right to take FMLA leave for treatment.

E.4.8.7 Definitions.

The following definitions are used in the FMLA regulations:

1. Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Conditions for which cosmetic treatment is administered are not serious health conditions unless inpatient hospital care is required or unless complications develop. Mental illness or allergies may be serious health conditions, but only if all the conditions are met.
2. Inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care.
3. Incapacity means the inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from.
4. Continuing treatment means any one or more of the following: incapacity and treatment, pregnancy or prenatal care, chronic conditions, permanent or long-term conditions, and conditions requiring multiple treatments. Absences attributable to incapacity due to pregnancy or prenatal care, or for a chronic condition qualify for FMLA leave even though the employee or the covered family member does not receive treatment from a healthcare provider during the absence, and even if the absence does not last more than three (3) consecutive full calendar days.
5. Incapacity and treatment is any period of incapacity of more than three (3) consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
   1. Treatment two (2) or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a healthcare provider, by a nurse under direct supervision of a healthcare provider, or by a provider of health care services under orders of, or on referral by, a healthcare provider; or
   2. Treatment by a healthcare provider on at least one (1) occasion which results in a regimen of continuing treatment under supervision of a healthcare provider.
   3. The requirements in numbers 1 and 2 of this definition for treatment by a healthcare provider means an in-person visit to a healthcare provider. The first in-person treatment visit must take place within seven days of the first day of incapacity.
   4. Whether additional treatment visits or a regimen of continuing treatment is necessary within the 30-day period shall be determined by the healthcare provider.
   5. The term extenuating circumstances in number 1 of this definition means circumstances beyond the employee’s control that prevent the follow-up visit from occurring as planned by the healthcare provider. Whether a given set of circumstances are extenuating depends on the facts.
6. Treatment includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physicals, vision, or dental examinations.
7. Continuing treatment includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of continuing treatment that includes the taking of over-the counter medications (such as aspirin, antihistamines, etc.), or bed-rest, drinking fluids, exercise, or other similar activities that can be initiated without a visit to a healthcare provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
8. Pregnancy or prenatal care refers to any period of incapacity due to pregnancy or for prenatal care.
9. Chronic conditions are any period of incapacity or treatment for such incapacity due to a chronic serious health condition which:
   1. Requires periodic visits (at least twice a year) for treatment by a healthcare provider, or by a nurse or physician’s assistant under direct supervision of a healthcare provider, and
   2. Continues over an extended period of time (including recurring episodes of a single underlying condition), and
   3. May cause episodic rather than a continuing period of incapacity (i.e., asthma, diabetes, epilepsy).
10. Permanent or long-term conditions are a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a healthcare provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.
11. Conditions requiring multiple treatments are any period of absence to receive multiple treatments (including any period of recovery there from) by a healthcare provider or by a provider of health care services under orders of, or on referral by, a healthcare provider, for: (1) restorative surgery after an accident or other injury, or (2) a condition such as cancer, severe arthritis, or kidney disease that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
12. Serious injury or illness means an injury or illness incurred by a covered service member in the line of duty, on active duty, that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
13. Healthcare provider is defined as:
    1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices.
    2. Any other person determined by the United States Department of Labor to be capable of providing health care services. Included in this definition are podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated to exist by x-ray) who are authorized to practice in the state and are performing within the scope of their practice as defined under state law.
    3. Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice in the state and performing within the scope of their practice as defined under state law.
    4. Christian Science practitioners listed with the first Church of Christ, Scientist in Boston.
14. Spouse is defined in accordance with applicable state law. Unmarried domestic partners do not qualify for FMLA leave to care for their partner.
15. Parent means the biological, adoptive, step-parent, or foster parent of an employee or an individual who stands or who stood in loco parentis to an employee when the employee was a child (as defined below).
16. Parent of a covered service member means a covered service member’s biological, adoptive, step- or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”
17. Child, for purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition, means a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is either under 18 years of age or who is 18 years of age or older and incapable of self-care because of mental or physical disability.
18. Next of kin of a covered service member means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter. For complete definition refer to Final FMLA Regulations (29 C.F.R.).

This policy is a summary description of the federal Family Medical Leave Act. For additional information refer to the final FMLA regulations available on U.S. Department of Labor website. If any provision of the policy is contrary to FMLA regulations, such provisions are hereby amended to conform thereto. Contact Human Resources for assistance.

E.4.8 Reorganized January 2021

E.4.9 Maternity Leave (Maternity-Related Health Conditions).

(Board Policy 420.2; 420.3 Arkansas State Personnel Policy)

Sick leave may be taken for pregnancy- and maternity-related health conditions and will be treated as any other leave for sickness or disability except that (1) no healthcare provider certification will be required for the first four (4) weeks (absence) following the birth of the child, and (2) the employee taking leave for a pregnancy- or maternity-related health condition may elect to take leave of absence without pay without exhausting accumulated annual leave, sick leave, or comp time. If an employee elects to do this, they must discuss their leave balances with Human Resources prior to being  off work on maternity leave. Failure to do this may result in leave being docked as in the case of any other sick leave.

The normal period for maternity leave is a minimum of six (6) weeks. Employees may return to work sooner with a certificate from an attending health care provider. Upon return from leave, the employee will be given the same or comparable position to the one occupied prior to the leave. The employee is expected to provide the employee’s supervisor as much notice as possible prior to beginning leave for a pregnancy- or maternity-related illness, and at least two (2) weeks’ notice prior to returning to work from a pregnancy- or maternity-related leave. Both notifications should be in writing. Maternity leave will be counted as FMLA leave when applicable.

Eligible employees may also utilize up to six (6) weeks of parental leave as allowed in the UAFS Policy on Catastrophic and Parental Leave and/or the UA System Paid Parental Leave policy as outlined in each policy respectively after the birth of an employee’s biological child or placement of an adoptive child in the employee’s home. For additional information about application and use of parental leave, contact Human Resources at hrbenefits@uafs.edu or 479-788-7085. Additional information can be found by visiting the UAFS Catastrophic and Parental Leave Bank page and/or UA System Board Policy 420.2 Paid Parental Leave.

E.4.9 Reorganized January 2021, Updated July 2024

E.4.10 Catastrophic and Parental Leave Bank Program.

(ACA §§ 21-4-214 and 21-4-101, Board Policy 420.2, UASP 420.2)

Effective July 1, 2024, most benefits-eligible employees with two years of consecutive employment within the U of A System will be eligible to receive up to six (6) weeks of paid leave to spend with their new child, to be used concurrently with Family Medical Leave. This leave cannot be combined with leave awarded through the UAFS Catastrophic and Parental Leave Bank Program. Visit UA System Board Policy 420.2 and UA System Policy 420.2 for details and contact Human Resources at hrbenefits@uafs.edu or 479-788-7085 for more information or to utilize this Paid Parental Leave. 

The UAFS Catastrophic and Parental Leave Bank Program is for the exclusive use of full-time employees in a benefits-eligible position at the University of Arkansas at Fort Smith, as authorized by AR Code § 21-4-214 (2017) which authorizes the creation of a Catastrophic Leave Bank Program, and AR Code § 21-4-101 (2019) which authorizes catastrophic leave to be used for parental leave. Full-time UAFS employees who work in a benefits-eligible position are eligible to apply for catastrophic leave according to the details and procedures listed in this Catastrophic Leave policy. With the addtion of the UA System Paid Parental Leave option, UAFS will phase out our campus Catastrophic and Parental Leave Bank Program. This phase out period will begin immediately and will conclude December 31, 2025, or when all accumulated leave in the Bank is exhausted, whichever comes first. During this phase out period, no additional leave donations will be accepted. For additional information, visit Catastrophic and Parental Leave Bank or contact Human Resources for assistance.

E.4.10 Updated October 2024

E.4.11 Court and Jury Leave.

(Board Policy 420.5 ; ACA §§ 21-4-213 and 21-5-104; Arkansas State Personnel Policy)

Subject to proper application, employees may be excused from work to serve as a witness, juror, or party litigant in a civil or criminal court proceeding. When serving as a juror or responding to a subpoena as a witness to give deposition in a court or hearing, an employee is entitled to their regular university pay in addition to any fees paid by the court for their services for necessary appearances, and their absence from work will not be counted as annual leave. The employee should return to work as soon as their services are no longer needed by the court.

Requests for jury/legal leave must be made in Workday with a copy of the jury summons or subpoena uploaded as an attachment. A copy of the court clerk slip documenting actual time spent for jury duty is required for hourly employees. 

Employees who are in an unpaid status are not eligible for paid legal leave. Employees involved in personal litigation or serving as a paid witness and paid a fee in excess of the normal witness fee in a case outside the scope of their university employment will be required to take annual leave or leave without pay.

E.4.10 Updated June 2023

E.4.12 Child Education Activities Leave (CEAL).

(ACA§ 21-4-216)

Full-time employees are eligible for eight (8) hours of paid leave each calendar year to participate in, assist with, or attend their children’s educational activities. Unused leave may not be carried over to the next calendar year, nor will employees receive compensation for unused Children’s Educational Activities Leave at retirement or when their employment with the university ends.

For the purposes of Children’s Educational Activities Leave, “child” is defined as any person enrolled in pre-kindergarten through grade 12 who is the employee’s natural child, adopted child, stepchild, foster child, grandchild, legal ward, or for whom the employee is the legal guardian or acts in any other legal capacity as a parent.

Educational activities are defined as: parent-teacher conferences, the employee’s participation in school-sponsored tutoring, schoolsponsored volunteer programs, field trips, classroom programs and academic competitions, and the employee’s assisting with athletic, music, or theater programs. Children’s Educational Activities Leave may not be used to attend sports activities.

E.4.11 Reorganized January 2021

E.4.13 Military Leave.

(Public Law 93-508, 94-286; ACA §21-4-212, §21-4-301, §21-4-105; Board Policy 420.4; ArkansasState Personnel Policy)

Subject to proper application, full-time employees may be eligible for military leave as outlined below. Requests for military leave must be made in writing and must include a copy of the employee’s military orders.

E.4.13.1 Annual Training Leave.

Subject to proper application, full-time employees who are members of the National Guard or any of the reserve branches of the U.S. Armed Forces will be granted paid leave at the rate of 15 days per calendar year and necessary travel time for annual training purposes. The leave will be granted without loss of pay and in addition to regular vacation time. To the extent that this leave is not used in a calendar year, it may be carried over to the next year, up to a maximum of 30 annual training leave days for that calendar year.

E.4.13.2 Active Duty for Military Service.

Full-time employees who are drafted or called to active duty in the Armed Forces of the United States or who volunteer for military service will be placed on extended military leave without pay; all unused sick leave at the time of military leave will be reinstated at the time the employee returns. All unused annual leave will be reinstated upon return, unless  the employee requested and received a lump-sum payment for the accrued, unused annual leave at the onset of the extended military leave.

However, employees called to active duty after Sept. 11, 2001, as a member of the National Guard or any of the reserve components of the Armed Forces by order of the president or the governor for an emergency or contingency of more than 30 consecutive days are entitled to continued salary payments that, when combined with their active duty pay, incentives, and allowances, except uniform and clothing allowances, equal the amount that the employee would otherwise have received but for the required active duty. An employee must be a current active employee in order to receive such payments, unless the employee’s termination was the result of a disability incurred when on active duty. The payment will be made as a one-time lump sum payment and no retirement contribution will be made on the pay. To be eligible the employee must present a Leave and Earning Statement showing military pay or Form DD214 showing active duty dates.

E.4.13.3 Active Duty for the Purpose of Specialized Training.

If an employee volunteers or is ordered to active duty for the purposes of specialized training, they will be placed on leave without pay for the period of the training unless they elect to use their accrued annual leave. Leave for specialized training is in addition to the employee’s annual military training leave. The employee will retain their eligibility rights, including their accumulated annual leave, unless they choose to use annual leave for the specialized training period. The employee will also retain any accumulated sick leave that they had before beginning the specialized training. Although the employee will not accumulate annual leave or sick leave during the leave without pay, their annual leave accrual rate will be calculated as though they had not been absent.

E.4.13.4 Active Duty in Emergency Situations.

Full-time employees who are called to active duty in emergency situations, as declared by the Governor or President, will be granted leave with pay. The period of leave with pay will not exceed 30 working days. Periods beyond the 30-day limit may be charged to annual leave at the employee’s request and, if necessary, to leave without pay. The emergency military leave is in addition to annual military leave for training. Employees must make requests for military leave in writing and must attach a copy of their military orders to each request for military leave.

E.4.13.5 Return to Work from Military Leave.

When an employee is released from active duty for military service or for specialized training, they will be reinstated to their former position or to a position with comparable pay and benefits, provided they apply for reinstatement within 90 days of their release from active duty. If the employee extends enlistment or re-enlists for additional military service beyond the initial enlistment period for more than four (4) years, or five (5) years when re-enlistment was at the request of the military, they lose all reinstatement rights and will be treated as a rehire.

If an employee incurs a military service-related disability and is scheduled by the U.S. Department of Veterans Affairs to be reexamined or treated for the disability, they are entitled to paid leave of up to six (6) days during any calendar year for reexamination or treatment.

E.4.12 Updated May 21, 2020

E.4.14 Leave for Members of the Air Force Civil Air Patrol and Coast Guard Auxiliaries.

(ACA §21-4-212; Arkansas State Personnel Policy)

Members of the U.S. Air Force Auxiliary Civil Air Patrol or the Coast Guard Auxiliary will be permitted to take a leave of absence with pay for up to 15 days each calendar year to participate in training programs or emergency search and rescue services. The leave of absence must be at the formal request of the employee’s wing commander or designated representative or their Division 15 captain.

E.4.13 Reorganized January 2021

E.4.15 Disaster Service Volunteer Leave.

(ACA §12-85-102, ACA §12-85-103(a); Arkansas State Personnel Policy)

If an employee is trained and certified as a disaster service volunteer by the American Red Cross and their specialized disaster relief services are requested by the Red Cross in connection with a disaster, they may receive up to 15 working days in any calendar year to participate in specialized disaster relief without loss of pay or benefits. Leave will be granted only for disasters occurring in Arkansas or contiguous states. The employee must request disaster service volunteer leave in writing from the chancellor through the appropriate vice chancellor and attach a copy of their Red Cross orders to the request.

E.4.14 Reorganized January 2021

E.4.16 Leave of Absence.

(Board Policy 420.1, 420.2; ACA§ 21-4-210; Arkansas State Personnel Policy)

Requests for leave of absence without pay should be submitted to and must be approved by the employee’s supervisor and vice chancellor. If the leave is for six (6) continuous months, it also requires the approval of the chancellor. Leaves of absence without pay may be granted to university employees when it is in the best interest of the university and when the university is able to accommodate the leave request. Employees may be granted up to six (6) months leave without pay. Employees must make a written request for approval if the leave is for any reason except the following:

1. Necessary absences because of an employee’s or the employee’s immediate family member’s serious health condition (see Section 6.8, Family and Medical Leave) or because of disability or personal reasons when the absence extends beyond the employee’s available earned annual and sick leave. On a case-by-case basis, unpaid leave may be considered as a form of reasonable accommodation for qualified individuals with disabilities.
2. Leave for the birth or placement of a child with an employee for adoption or foster care.
3. Military leave that involves active duty or active duty for specialized training.

An employee must use all of their accumulated annual leave before they become eligible to take leave without pay, except when the leave qualifies as maternity leave, certain types of military leave, or when the leave is for disciplinary purposes. The employee will not earn annual leave or sick leave if they are on leave without pay for 10 or more days during a calendar month, nor will they be paid for official university holidays while on leave without pay.

When an employee is on leave without pay, they may continue to participate in the university’s group insurance programs. However, they must pay the total cost (their part and the university’s part) of coverage for any month when they are on leave without pay for 10 or more consecutive days. For those benefits provided by the university, with no employee contribution (life insurance and long-term disability insurance), the employee must pay the amount of the university’s contribution or risk loss of coverage, except when those benefits are protected by FMLA regulations (see Family and Medical Leave).

Employees may request an extension in advance of the date of return to work. If approved, the leave will extend accordingly, but will not exceed six (6) continuous months (for a total of 12 months).

If the position the employee left is no longer available due to budgetary reduction in staff, the employee will have no rights and cannot be reinstated.

If the employee fails to report to work promptly at the end of an agreed-upon period of leave without pay, their employment with the university may be terminated. If there is good reason for the delay, the university may extend their period of approved leave.

Employees may be put on leave of absence without pay for disciplinary reasons.

E.4.15 Reorganized January 2021

E.4.17 Voting Leave.

Employees will be permitted to report to work late or to leave early in order to vote. If it is necessary for an employee to use this privilege, they must notify their immediate supervisor to make arrangements before Election Day. The time permitted for this purpose is given with pay and without reduction of sick leave, annual leave, or any other benefit.

E.4.16 Updated January 2021

E.4.18 Education Leave.

(Board Policy 420.1, 420.2; ACA § 21-4-211; Arkansas State Personnel Policy)

A full-time employee with a regular appointment (not provisional, visiting, or grant funded) may be granted education leave, with or without pay, to pursue a regular full-time or part-time course of instruction, provided that doing so will be beneficial to the university and provided the chancellor (or designee) approves the employee’s application in advance.

On the employee’s return, they will be expected to continue to work for the university for a period of time as statutorily required or, in the absence of a specific law, at least twice the length of the employee’s course of training. If they do not fulfill these obligations by remaining with the university for the agreed-upon period, they will be required to pay the university the total cost or a proportionate share of the cost of the out-service training and any compensation paid during the training period. A written agreement should be drawn up setting forth the terms of the employee’s leave, to be signed by the employee and the chancellor (or their designee). The absence of a written agreement does not negate the employee’s responsibility for repayment as described in this policy.

The employee will retain all of the rights they held in their position at the time leave was granted, including the right to reinstatement to that position or a comparable position upon the employee’s return. The amount of salary paid during the training period will be agreed upon by the employee and the chancellor (or theirdesignee), but it may not exceed the employee’s regular salary. Payments for tuition, fees, books, and transportation may be made only if the funds have been specifically appropriated by the Arkansas General Assembly and budgeted by the university for those purposes.

E.4.17 Updated January 2021

E.4.19 Leave Reporting.

All leave must be reported following individual departmental procedures and guidelines and must be entered on the employee’s electronic timesheet in the Workday system before the end of the pay period. This applies to all employees. Requests for specialty types of leave (FMLA, Catastrophic Leave, etc.) must be made using the university’s standard form made available upon request from Human Resources. The leave request form must be signed by both the employee and their supervisor and will be retained by Human Resources for the period of time required by state and federal law.

E.4.18 Updated June 2023